WE, the undersigned groups, call on Attorney-General (AG) Datuk Mohd Dusuki Mokhtar to update the public on the progress in and timeline for filing new charges against former prime minister Datuk Seri Najib Razak in the International Petroleum Investment Company (IPIC) case involving RM6.6 billion in government funds.
We also urge Prime Minister cum Finance Minister Datuk Seri Anwar Ibrahim to give the AGC his full support, including the declassification of the Finance Ministry (MoF) documents to facilitate the prosecution’s case. Six months ago, on November 27 2024, the Kuala Lumpur High Court granted Najib a discharge not amounting to acquittal (DNAA) for six charges of criminal breach of trust linked to the IPIC funds.
Malaysians do not want to see Najib getting a full acquittal or discharge amounting to acquittal (DAA) due to the failure of the Attorney-General’s Chambers (AGC) to press new charges in time.
In Najib’s IPIC case, the defence sought a DNAA due to the prosecution’s failure to produce key documents required under Section 51A of the Criminal Procedure Code – documents reportedly classified as Official Secrets by the MoF. This raises serious questions regarding the accessibility of critical documents necessary for high-level corruption prosecutions.
If Najib ultimately secures a DAA due to either the AGC’s failure to refile charges or the MoF’s refusal to declassify essential documents, Datuk Seri Anwar Ibrahim must bear full political responsibility. As both the finance minister and prime minister who holds power over the AG’s tenure, his roles are pivotal in ensuring accountability in this case.
Datuk Seri Anwar Ibrahim is respectfully reminded that the Malaysian public’s demand for the rule of law, no selective impunity on crimes involving the misappropriation of public funds, on which his Pakatan Harapan (PH) coalition was elected, is legitimate and not to be ridiculed as “obsessive”.
Datuk Mohd Dusuki Mokhtar is gently reminded not to repeat the appalling record of his predecessor, Tan Sri Idrus Harun (the 9th AG, 2020-2023), who oversaw the AGC’s epic failure which enabled the DAA of former Malaysian External Intelligence Organisation (MEIO) director-general Datuk Hasanah Ab Hamid, in her criminal breach of trust case involving US$12.1 million (RM50.4 million).
The AGC first applied for a DNAA for her in April 2021, then sat on the case for 16 months, without new charges, allowing her to obtain a DAA in August 2022. No apology or explanation was offered by Tan Sri Idrus Harun.
As DNAA merely pauses the case while allowing the prosecution to recharge the accused if further evidence becomes available, the Federal Court has reminded in the case of Vigny Alfred Raj Vicetor Amratha Raja v PP that the legal system must not use DNAA to indefinitely hold charges over a person.
Hence, delays without justified action by the prosecution risk enabling the accused to escape justice altogether through a DAA.
The Federal Court has emphasised that DNAA should only be granted under exceptional circumstances. Without such justification, the courts are expected to issue a full acquittal.
Given the gravity and scale of Najib’s charges and the fact that a DNAA was granted, the AGC must follow through promptly by filing new charges.
The continued silence and inaction from the AGC on Najib’s re-prosecution raise serious concerns of political interference or negligence, undermining public trust in the rule of law and the institution. It raised the fear that Najib Razak’s temporary reprieve from prosecution in the IPIC case might turn into a permanent escape from justice.
We hope Datuk Seri Anwar Ibrahim does not need any convincing that Malaysians demand an end to high-level impunity and expect the authorities to demonstrate political will in fighting corruption at the highest level.
That Najib Razak must not get a DAA by way of a DNAA is the fifth demand in the statement “Rakyat benci rasuah. Najib tidak layak terima pengampunan atau tahanan rumah” (Malaysians hate corruption. Najib does not deserve pardon or home detention), endorsed by 51 groups and 961 individuals as of February 21, 2025. – May 27, 2025
This joint statement is an initiative of Project Stability and Accountability for Malaysia (Projek SAMA), Himpunan Advokasi Rakyat Malaysia (HARAM), and Institute for Democracy and Economic Affairs (IDEAS Malaysia).
It is further signed by 25 organisations and individuals, including the Agora Society Malaysia, Aliran, Engage, Gabungan Bertindak Malaysia (GBM), the Islamic Renaissance Front, Prof Zaharom Nain, Dr S. Munirah Alatas and Nik Elin Nik Rashid.